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other, nothing can be plainer, than that if it had
been annihilated as soon as produced, or existing
has never passed out of the Possession of the Fabricator
(and was of such Nature as never to be able so to do)
nothing of this Mischief or of any other Mischief
could have happened from it, nor would the Legislature
have had any Motive to prohibit such a Manufacture.
[+] [+] On the other hand let
us now restore add to it join with
it in supposition, another
act which stands
connected with it in reality
as it's final cause,
& we shall immediately see how
fit it is that the Law
should have constituted
it an offence. And yet it is very fit this Act should
be constituted an Offence: for he did it but in
the Intention of doing by Means of it some the
such Mischief; act thus mischievous and the preventing him from
producing that Cause of Mischief will be
preventing him the Mischief itself.
As this is a Distinction which we shall
have frequent Occasion to call to Mind, and
sometimes to draw practical inferences Consequences from, it will be
convenient to have some Name whereby the two
Classes which it gives Birth to may be separately
entitled.
Whenever therefore we observe two Offences
thus
Identifier: | JB/063/016/002 "JB/" can not be assigned to a declared number type with value 63.
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063 |
penal code |
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016 |
book 1st of offences in general ch. of offences principal & accessory |
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002 |
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copy/fair copy sheet |
3 |
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recto |
f2 / / |
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[[watermarks::l v g propatria [britannia with shield motif]]] |
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caroline vernon |
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20205 |
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